United States Fourth Circuit

Regular per diem payments to employees, made with the employer's knowledge that the employee was incurring no food or lodging expenses requiring reimbursement, were includable as "wages" under the Longshore and Harbor Workers' Compensation Act.

Appellate Information

• Argued 06/03/2002
• Decided 08/15/2002
• Published 08/15/2002

Judges

• Before WILKINSON, Chief Judge, and NIEMEYER and WILLIAMS, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Frank Joseph Sioli, Jr., Valle & Craig, P.A., Miami, Florida, for Petitioners.  Ralph R. Lorberbaum, Zipperer & Lorberbaum, P.C., Savannah, Georgia, for Respondent Roberts.  Mark S. Flynn, Senior Appellate Attorney, United States Department of Labor, Washington, D.C., for Respondents Board and Director.   ON BRIEF:  Lawrance B. Craig, III, Valle & Craig, P.A., Miami, Florida, for Petitioners.  Howard M. Radzely, Acting Associate Solicitor, Allen H. Feldman, Associate Solicitor for Special Appellate and Supreme Court Litigation, Nathaniel I. Spiller, Deputy Associate Solicitor, United States Department of Labor, Washington, D.C., for Respondents Board and Director.